A 09/10-30

Legislative Council

Agenda

Wednesday 2 June 2010 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Admission and Registration (Amendment) Rules 2010	69/2010
2.	Employment (Amendment) Ordinance 2010 (Commencement) Notice	70/2010

Other Papers

1.	No. 97	-	Supplemental Report of the Public Accounts Committee on Report No. 53 of the Director of Audit on the Results of Value for Money Audits (June 2010 - P.A.C. Report No. 53A)
(to be presented by Dr Hon Philip WONG, Chairman of the Public Accounts Committee, who will address the Council)
2.	Report No. 12/09-10 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

II. Questions

1. Hon WONG Kwok-hing to ask: (Translation)

According to the Government's replies to the questions I raised in respect of the Budget of this year, the number of agency workers used by the Leisure and Cultural Services Department ("LCSD") and that of its non-civil service contract ("NCSC") staff as at 28 February 2010 are equivalent to 3% and 16% respectively of LCSD's total manpower, and there are even 10 100 staff employed under outsourced service contracts ("staff of outsourced service"). The total number of the above three types of non-civil service staff is much greater than the 8 060 posts on the permanent establishment of LCSD. Some members of the public have relayed to me that the situation of using non-civil service staff to provide services in LCSD is very serious, arousing grave concern that the Government may implement "engagement of non-civil service staff to provide services" and "de-employment" further. In this connection, will the Government inform this Council:

(a)	of the number of agency workers and staff of outsourced services used by LCSD as well as its number of NCSC staff in the past five years; the percentages of the total manpower of LCSD these figures represented, as well as the number of posts in non-permanent establishment which had been converted to permanent establishment in LCSD during that period;
(b)	whether LCSD will, in outsourcing services and procuring the manpower services of employment agencies, give priority to bidders offering the highest wage levels to employees; and in considering whether the bidders are offering reasonable wages to their employees, whether LCSD will make reference to the pay levels of the relevant civil service posts and request the bidders to offer pay at the same levels; and of the monitoring mechanism put in place by LCSD to ensure that the companies which have been awarded the contracts will not reduce their employees' wages and benefits throughout the whole period of the contracts; and
(c)	whether it will consider setting a cap on the percentage, which the number of non-civil service staff represents in the total number of staff in a government department, as well as requiring the department to review its manpower need immediately when the percentage exceeds the cap, and convert posts which require the service of non-civil service staff on a long-term basis into civil service posts on the permanent establishment, so as to curb the trends of "different pay for the same job" among government staff, "de-employment" and "engagement of non-civil service staff to provide services"; if not, of the reasons for that?

Public Officers to reply

:

Secretary for the Civil Service Secretary for Home Affairs

2. Hon LEUNG Yiu-chung to ask: (Translation)

Will the Government inform this Council:

(a)	of the current number and distribution of private columbarium facilities according to the information that various government departments have;
(b)	of the number of complaints about private columbarium facilities received by the authorities last year, details of the complaints, and how such complaints were followed up by the authorities; and
(c)	given that the Government indicated in its reply to the question of a Member of this Council early this year that it was considering the formulation of appropriate measures to promote information transparency in the trade of private columbarium facilities and to strengthen consumer protection, of the progress of such work, and whether it has any plan to regularize existing private columbarium facilities; if it has, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Food and Health

3. Hon James TO to ask: (Translation)

At present, quite a number of providers of personal services (e.g. beauty care and slimming centres and yoga centres, etc.) lure customers to make pre-payment for services by offering discounts. Some banks have extended private loans through service providers to their customers to enable them to make pre-payment for services with the loans, and the amounts of money involved range from several thousand dollars to tens of thousands of dollars. In the past one-odd year, a number of large-scale service providers closed down suddenly and their customers who had made pre-payment for services could not recover the pre-paid amounts. Under the existing system, when service providers are put into liquidation, their customers often become unsecured creditors and it is difficult for them to recover their pre-paid money. In this connection, will the Government inform this Council whether:

(a)	the practice of banks offering private loans through service providers to their customers is subject to the regulation of the Hong Kong Monetary Authority; when the staff of service providers, when handling the formalities for securing loans for their customers, have not clearly explained to their customers the potential loss to them and related risks in case the service providers close down, whether banks have breached any guideline and are required to shoulder responsibilities as a result;
(b)	reference will be made to the practice adopted in Taiwan to introduce legislation to require that when service providers receive pre-payment for services, performance bond in full amount in respect of the contracts must be provided by financial institutions; and
(c)	the Government has any plan in the short-term to enhance its publicity and education efforts to let the public know the legal rights and obligations of consumers in respect of pre-payment for services, so as to prevent the recurrence of the above problems; if so, how the plan will be implemented?

Public Officers to reply

:

Secretary for Commerce and Economic Development Secretary for Financial Services and the Treasury

4. Hon WONG Sing-chi to ask: (Translation)

Some organizations have relayed to me that the services currently provided by the Government to persons with disabilities are inadequate, including the provision of opportunities for continuing education, employment assistance, places available in sheltered workshops, and support to family carers, etc. In this connection, will the Executive Authorities inform this Council:

(a)	whether they know, in each of the past five years, the number of persons with intellectual disability ("ID") who managed to pursue continuing education after completing their education in special schools; of the number of persons with ID who were not able to receive continuing education because of the lack of financial assistance (such as the Tertiary Student Finance Scheme - Publicly-funded Programmes, the Financial Assistance Scheme for Post-secondary Students and other relevant loan schemes), as well as the reasons for their not receiving financial assistance; whether there is any financial assistance scheme exclusively for persons with ID; of the number of cases in which persons with ID succeeded in seeking employment under the assistance of the Selective Placement Division of the Labour Department, and the reasons why the others who sought assistance did not succeed in seeking employment;
(b)	of the current number of places provided by all the sheltered workshops in Hong Kong and the average waiting time for admission to such workshops; of the number of places provided by the Government in sheltered workshops for severely physically handicapped persons in the past five years, as well as the number of persons on the waiting list at present; of the timetable for the commissioning of additional Day Activity Centres (including those located in West Kowloon); and
(c)	of the percentage of carers of persons with ID among the service users of District Support Centres for Persons with Disabilities, Parents/Relatives Resource Centres for Disabled Persons and Community-based Support Projects for Persons with Disabilities and their Families in each of the past five years, together with a breakdown by District Council district?

Public Officer to reply : Secretary for Labour and Welfare

5. Hon CHEUNG Hok-ming to ask: (Translation)

I have received complaints from members of the taxi trade about the pressure on the operating costs of the taxi trade caused by the existing high third party risks insurance premiums for taxis, which in general have been increased from $8,000 to the level of $18,000. Moreover, some taxi operators have recently introduced a data recording device specially for taxis, commonly known as "black box." They believed that the installation of "black boxes" in taxis may substantially enhance taxi drivers' awareness of safe driving, which will in turn reduce accidents and safeguard the safety of road users. In this connection, will the Government inform this Council:

(a)	of the number of insurance companies operating the business of third party risks insurance for taxis at present; whether it knows the third party risks insurance premiums for taxis charged in general by such insurance companies and how such premiums compare with those for private cars; of the respective rates of increase in the third party risks insurance premiums for taxis and private cars in the past three years;
(b)	whether the authorities had, in the past three years, studied if the increase in the third party risks insurance premiums for taxis was related to the frequent occurrence of traffic accidents involving taxis; if it was related, of the situation of traffic accidents involving taxis and the resultant increase in third party risks insurance premiums for taxis during this period; and
(c)	whether the authorities will study further the feasibility of installing "black boxes" in all taxis; if they will, of the implementation timetable; if not, of the factors considered by the authorities?

Public Officers to reply

:

Secretary for Financial Services and the Treasury Secretary for Transport and Housing

6. Dr Hon LAM Tai-fai to ask: (Translation)

The 2010 Legislative Council ("LegCo") by-election for the five geographical constituencies was completed on 16 May, and the voter turnout rate was 17.1%, which is a record low in LegCo general elections and by-elections since the establishment of the SAR Government. It has been reported that the outcome of a relevant opinion poll published by the Hong Kong Youth Association before the election indicated that 65% of the respondents were against the by-election under the slogan of "five geographical constituencies referendum". The Chief Executive issued a statement in the evening of 14 May, stating that the mainstream community view was that this by-election could have been avoided, was an abuse of system and was even a waste of taxpayers' money. He decided not to vote in the by-election and also indicated that he would consider amending the legislation to prevent Members from resigning and then standing for the by-elections again during the session. In this connection, will the Government inform this Council:

(a)	of the actual expenses and the manpower resources, including police manpower and other supporting staff concerned, deployed by the Government for this by-election, together with a breakdown in table form detailing various types of expenses and manpower resources;
(b)	whether it has commenced the law drafting procedure to amend the relevant legislation, so as to eliminate the recurrence of some Members resigning and then standing for the by-elections again during the session; if it has, when it will submit the bill to this Council for scrutiny; if not, the reasons for that; and
(c)	whether it has, before the relevant legislation is amended, formulated any contingency mechanism to handle cases of some Members resigning and then standing for the by-elections again during the session; if it has, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*7. Hon Mrs Sophie LEUNG to ask: (Translation)

It has been reported that between April and May this year, there were two incidents in Hong Kong in which truck drivers were suspected of drug driving. Moreover, in early January this year, a taxi driver who drove after taking ketamine on two separate occasions within 20 days was eventually sentenced to imprisonment for 18 months with his driving licence suspended for two years. In this connection, will the Government inform this Council:

(a)	whether the law enforcement departments have conducted regular stop-and-search actions on drivers against drug driving; if they have, what criteria were used to stop and search drivers, as well as the actual operation of the stop-and-search actions;
(b)	after the aforesaid drug driving incidents have come to light, whether the authorities have assessed the existing practice for conducting stop-and-search actions in view of such a situation and have made improvements immediately in view of the review outcome, so as to avoid similar incidents from happening again;
(c)	given that it has been reported that the authorities have already set up a working group to study introducing legislation to regulate drug driving behaviour, of the work progress of the working group;
(d)	of the number of prosecutions instituted in the past five years against the offence of driving under the influence of medicines and, among them, the respective number of cases involving medicines which were not drugs and those which were drugs; the major types of medicines involved which were not drugs; whether an upward trend in the number of drug driving cases has been recorded;
(e)	given that it has been reported that quite a number of drivers, who took a small amount of cannabis or ketamine when working, mistakenly thought that this might freshen them up and ease their stress, of the Government's solution in view of such a trend; and
(f)	apart from studying introducing legislation for regulation, whether the authorities have other complementary plans and measures to prevent such an undesirable trend of drug driving from spreading in the community, posing hazard to public safety?

Public Officer to reply : Secretary for Transport and Housing

*8. Hon LI Fung-ying to ask: (Translation)

Will the Government inform this Council of the respective numbers of employers and employees who were prosecuted in each of the past three years under the Factories and Industrial Undertakings Ordinance (Cap. 59) and the Occupational Safety and Health Ordinance (Cap. 509), together with a breakdown, by the industry in which they were engaged, of the respective charges laid and provisions invoked, as well as the number of convicted cases and the penalties imposed?

Public Officer to reply : Secretary for Labour and Welfare

*9. Hon Albert HO to ask: (Translation)

A number of serious incidents of mental patients injuring others or themselves occurred in the community in recent years. In addition, there have been comments that while the Government puts emphasis on community care for such people, there is a lack of complementary comprehensive planning and community support. Regarding the support services provided to mental patients and people recovering from mental illness, will the Government inform this Council:

(a)	of the respective resources allocated by the Government to the Hospital Authority ("HA"), the Social Welfare Department ("SWD") and non-government organizations in the past five years for supporting mental patients and people recovering from mental illness, as well as the respective increase in their expenditure in each year;
(b)	given that under the newly launched Case Management Programme, case managers are supervised by health grade personnel, of the mechanism in place to ensure that case managers are capable of assessing the needs of their patients in areas other than health care such as community and social life; the mechanism in place on the operational level to enable case mangers who work under HA to coordinate and arrange for the provision of appropriate services to the patients they take care of by various government departments such as SWD, etc. especially when some rehabilitation services (e.g. residential places) are in acute shortage; and
(c)	whether it knows in each of the past five years, the respective median in-patient bed-days of mental patients, the respective numbers of persons with severe mental illness or those recovering from severe mental illness in the community, as well as the respective numbers of serious incidents in which such persons injured themselves or others; whether the authorities have explored if the occurrence of such wounding incidents is related to the authorities reducing psychiatric beds as well as their putting emphasis on community care without complementary comprehensive planning and community support; which areas need improvement most urgently; whether they will invite a specialist consultant to thoroughly review mental health policy and services, and prepare a white paper on the mental health policy to consult various sectors?

Public Officer to reply : Secretary for Food and Health

*10. Dr Hon Samson TAM to ask: (Translation)

In early May this year, the stock market of the United States dropped drastically, recording the largest point drop since February 2009. According to the analysis by members of the financial market, the incident may be related to the setting of electronic trading systems. Although it has been reported that the Hong Kong Exchanges and Clearing Limited indicated that there are preventive measures in Hong Kong, some experts have pointed out that it is difficult to guarantee that the situations similar to the above can be avoided completely. Moreover, securities firms and banks in Hong Kong have also offered programme trading to their clients in recent years. In this connection, will the Government inform this Council:

(a)	of the authorities' measures currently in place to monitor programme trading, and whether they have provided relevant guidelines to banks, securities firms, stock traders and investors;
(b)	whether it knows if the Securities and Futures Commission and the Hong Kong Monetary Authority have regularly reviewed the risk management mechanisms of electronic trading systems, and whether they have assessed the safety of the current electronic trading systems; if so, of the details; and
(c)	what preventive measures the authorities have to avoid similar incidents from occurring in Hong Kong?

Public Officer to reply : Secretary for Financial Services and the Treasury

*11. Hon WONG Ting-kwong to ask: (Translation)

It has been reported that a study has pointed out that the varieties of computer virus programs have been increasing drastically, with about 240 million new ones globally last year, which doubled the 2008 figure and broke all records; and it is estimated that a total of more than 43 000 computers in Hong Kong were infected by computer viruses of botnets last year, putting Hong Kong in the third place among all Chinese cities, only after Guangzhou and Shenzhen. In this connection, will the Government inform this Council:

(a)	whether the computers of government departments had been infected by various computer viruses in the past three years; of the Government's latest specific measures to prevent computer viruses from invading computer systems; given the development of technologies, whether the Government will increase its resources for preventing the invasion of computer viruses; if it will, of the details; if not, the reasons for that;
(b)	of the numbers of cases in the past three years in which the persons involved had been arrested for disseminating computer viruses with malicious intent and the penalties imposed on such persons;
(c)	whether the authorities will examine if the small and medium enterprises ("SMEs") in Hong Kong have adequate capability and awareness regarding the prevention of computer viruses; of the authorities' measures to support SMEs in avoiding invasion of their computer systems by viruses; if no such measures are in place, of the reasons for that; and
(d)	given that the aforesaid study has pointed out that more than 43 000 computers in Hong Kong were infected by computer viruses of botnets last year, whether the authorities has assessed if the situation merits its concern; whether they will provide the latest relevant information and educate the public so as to enhance their awareness and alertness; if they will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Commerce and Economic Development

*12. Hon CHAN Kin-por to ask: (Translation)

It is the current practice of the Government not to take out employees' compensation insurance for civil servants. In case of injury or death of a civil servant arisen out of employment, the Government will make compensation under the Employees' Compensation Ordinance (Cap. 282) or the relevant Hong Kong pensions legislation. In this connection, will the Government inform this Council of:

(a)	the total number of civil servants for whom the Government bore its liability under the Employees' Compensation Ordinance as at the first quarter of this year;
(b)	the total amount of compensation paid by the Government for the injuries or deaths of civil servants arisen out of employment in each of the past five years;
(c)	the administration expenses and the payroll cost of government officers incurred by the Government in handling the aforesaid compensation cases; and
(d)	the current number of Non-Civil Service Contract staff employed by the Government and the employees' compensation arrangement for such staff?

Public Officer to reply : Secretary for the Civil Service

*13. Hon CHEUNG Man-kwong to ask: (Translation)

It has been recently reported that the Government has given conditional permission to the former Commissioner for Tourism to take up a senior position in the Hong Kong Trade Development Council only four months after leaving the civil service, and that a former Deputy Director of the Housing Department has taken up a senior position in the Hong Kong Monetary Authority only three months after leaving the civil service. Regarding the post-service employment of civil servants, will the Government inform this Council:

(a)	of the details regarding the applications from the two aforesaid former civil servants for post-service employment and the vetting and approving of such applications;
(b)	apart from the two aforesaid applications, of the total number of directorate civil servants whose applications for post-service employment in other organizations within one year after leaving the civil service on grounds other than retirement were approved by the authorities in the past three years, and the details;
(c)	how the authorities at present regulate post-service employment of civil servants who left the civil service on grounds other than retirement; and
(d)	whether the authorities will expeditiously review the arrangements for vetting and approving post-service employment applications from civil servants who left the civil service on grounds other than retirement, so as to make the arrangements consistent with those for vetting and approving applications from retired civil servants; if a review will be conducted, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for the Civil Service

*14. Hon Abraham SHEK to ask: (Translation)

Although the Director of Audit pointed out in his Report No. 50 published in March 2008 that some government premises under the management of the Government Property Agency ("GPA") had remained unused for a long period of time, it has recently been reported that the situation has not yet improved since then, arousing public query that GPA has not strived to achieve its objectives in respect of the utilization and commercialization of government premises, i.e. to ensure that all government accommodation is fully utilized with maximum efficiency and value for money, and to introduce appropriate commercial activities in suitable government accommodation so as to maximize the return to the Government for its capital investment. In this connection, will the Government inform this Council:

(a)	among the unused government premises identified in Report No. 50 of the Director of Audit, of the current number of premises which are still left unused at present, as well as their sizes, the duration of being left unused, their monthly market rent at present and accumulative rent receivable; of the premises that have been leased out or converted for other uses; and
(b)	of the details and progress of the work undertaken by GPA to alleviate the problem of premises being left unused since the publication of Report No. 50 of the Director of Audit; whether it has formulated any work schedule in this regard; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Financial Services and the Treasury

*15. Hon Audrey EU to ask: (Translation)

Regarding the active sale and purchase activities in the luxury real estate market, will the Government inform this Council of:

(a)

the information on the sales and purchases of residential building units in 2008, 2009 and from January to March in 2010 (set out in the table below); and Range of considerations (HK$) 2008 2009 January to March 2010 Number of agreements for sale and purchase of residential building units Total consideration of agreements for sale and purchase of residential building units Number of agreements for sale and purchase of residential building units Total consideration of agreements for sale and purchase of residential building units Number of agreements for sale and purchase of residential building units Total consideration of agreements for sale and purchase of residential building units 10 million to below 20 million 20 million or above

(b)

the amounts of stamp duty levied by the Government on the agreements for sales and purchases of residential building units which cost $10 million or above in the past two financial years (set out in the table below)? Price of the residential building unit (HK$) Amount of stamp duty levied 2008-2009 2009-2010 10 million to below 20 million 20 million or above

Public Officer to reply : Secretary for Transport and Housing

*16. Hon CHAN Hak-kan to ask: (Translation)

It has been approximately one year since the commissioning of the Tseung Kwan O Extension (Phase II) ("TKOE II") of the MTR Corporation Limited ("MTRCL") in July last year. Some Tseung Kwan O residents have relayed to me that although the residents have gradually got used to the "3+1" train service pattern (i.e. every one out of four trains will be running from North Point to LOHAS Park), they consider that the service has failed to meet the demand, particularly during peak hours when train compartments and platforms are very crowded. In this connection, will the Government inform this Council:

(a)	whether it knows the following information about the relevant sections of the extension since the commissioning of TKOE II; Section of the extension Hourly average number of passengers Train loading Estimates before commissioning Figures after commissioning Estimates before commissioning Figures after commissioning Peak hours Between Po Lam and Tseung Kwan O Between Po Lam and North Point Between LOHAS Park and Tseung Kwan O Between LOHAS Park and North Point Non-peak hours Between Po Lam and Tseung Kwan O Between Po Lam and North Point Between LOHAS Park and Tiu Keng Leng
(b)	given that Po Lam Station is of a single-platform design, whether it knows if it is technically feasible for MTRCL to further increase the train frequencies of the Tseung Kwan O Extension, so as to alleviate the crowded conditions in train compartments and on platforms; if it is feasible, of the details, including the train frequencies after the increase and extra number of passengers to be carried; if it is not feasible, what other measures MTRCL has to deal with the situation;
(c)	whether it knows if MTRCL has plans to review the "3+1" train service pattern; if so, of the details; if not, the reasons for that;
(d)	given that the population in Tseung Kwan O district is increasing and the demand for transport service in the area will be growing, whether the Government will consider introducing additional bus or public light bus routes plying the vicinity of the LOHAS Park Station, so as to solve the problem that residents can only rely on MTR for travelling to and from the area; and
(e)	whether it knows the service breakdown rates of the entire Tseung Kwan O Extension since the commissioning of TKOE II as compared with those in the previous three years; the nature of the breakdowns; and whether the commissioning of TKOE II has aggravated the aging of rail tracks and trains?

Public Officer to reply : Secretary for Transport and Housing

*17. Hon LEE Wing-tat to ask: (Translation)

Regarding the railway service and incidents of the MTR Corporation Limited ("MTRCL"), will the Government inform this Council:

(a)	of the respective numbers of incidents of service being delayed for more than eight minutes, 30 minutes and one hour on various railway alignments since 2005, as well as the numbers of passengers affected, with a breakdown by cause of the those incidents of delays in service for over eight minutes to 30 minutes, over 30 minutes to one hour, and over one hour respectively, as set out in the following table: Incidents of service being delayed for                           minutes/hour(s) Cause/Year 2005 2006 2007 2007 2008 2009 2010 (up to the present) MTR and Kowloon- Canton Railway ("KCR") before merger MTR and KCR before merger MTR and KCR before merger MTRCL after merger MTRCL MTRCL MTRCL Mechanical fault Human error Passenger action and external factor Other reasons (please specify) Total
(b)	whether the Government has any criteria and guideline for deciding the circumstances under which penalties may be imposed on MTRCL; if it has, of the details of the penalties imposed on MTRCL by the Government in the past five years; if not, the reasons for that;
(c)	whether the Government has considered setting up a punitive demerit points system in connection with delays in railway service with a view to urging MTRCL to improve its quality of service; if it has, of the details; if not, the reasons for that; and
(d)	whether it knows the annual amounts allocated by MTRCL on measures to improve train service since the rail merger and the details of such improvement measures, and whether MTRCL has reviewed the efficacy of the relevant measures; if it has, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

*18. Hon CHEUNG Kwok-che to ask: (Translation)

It has been two years since the Government allocated $200 million in 2008-2009 for the implementation of the five-year Home Environment Improvement Scheme for the Elderly ("the Home Improvement Scheme") through the District Elderly Community Centres ("DECCs") in Hong Kong. In this connection, will the Government inform this Council:

(a)	of the expenditure of various DECCs under the Home Improvement Scheme and the number of cases they received in 2008-2009 and 2009-2010;
(b)	whether the authorities have set any target for the Home Improvement Scheme, so as to ensure that DECCs complete a specified number of cases within a time frame (such as specifying the number of cases to be handled by each centre in a year); and
(c)	given that some DECCs had relayed to me in each of the past two years that the funds allocated by the authorities for covering the administration expenses incurred in implementing the Home Improvement Scheme was not sufficient to meet the expenses incurred in handling the heavy application caseload, and the three-year Programme Worker posts allocated by the Government will be cancelled on 1 April next year, whether the authorities will increase the relevant funding; if they will, of the details?

Public Officer to reply : Secretary for Labour and Welfare

*19. Hon KAM Nai-wai to ask: (Translation)

Given that the Committee on the Promotion of Civic Education is tasked to promote civic and national education among members of the public, and there have been comments that the 4 June incident in 1989 is one of the most important chapters in the contemporary history of China, with its impact spreading across Europe and has significant inspiration for the fall of the Berlin Wall in Germany and the pro-democracy movements in many Eastern European countries. In this connection, will the Government inform this Council:

(a)	whether the authorities have assessed if the 4 June incident is an important part of the contemporary history of China; if the assessment outcome is in the negative, of the reasons for that;
(b)	what ways the authorities had used to enable members of the public to know more about the 4 June incident since the reunification of Hong Kong 14 years ago and of the amount of resources allocated for this purpose; of the authorities' plans to deepen the understanding of members of the public of the 4 June incident in the next three years;
(c)	given that there have been comments that in the past, the authorities have refused to describe the 4 June incident in school curriculum in a more detailed manner, whether it has assessed if this would make it difficult for students to understand the impact of the 4 June incident in China and many places in the world; and
(d)	whether the aforesaid Committee has approved any grant to help members of the public to understand the 4 June incident since the reunification of Hong Kong 14 years ago; if so, of the number of such projects and the amount of grants involved; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

*20. Hon Paul TSE to ask: (Translation)

It has been reported that last month, the Federal Court of Australia ruled that fuel surcharges were to be included in the base figures for calculating the commissions payable to travel agencies by an airline. In this connection, will the Government inform this Council whether it will make reference to the case and conduct a study on requiring airlines to adopt the same principle in calculating the commissions payable to travel agents in Hong Kong; if it will, of the timetable of the study; if not, the reasons for that?

Public Officer to reply : Secretary for Transport and Housing

* For written reply

III. Bills

First Reading Food Safety Bill
Second Reading (Debate to be adjourned)
Food Safety Bill	:	Secretary for Food and Health

IV. Members' Motions

1. Motion under Rule 49E(2) of the Rules of Procedure
   
   Hon Miriam LAU to move the following motion:
   
   That this Council takes note of Report No. 12/09-10 of the House Committee laid on the Table of the Council on 2 June 2010 in relation to the subsidiary legislation and instrument(s) as listed below:
   
   

   Item Number	Title of Subsidiary Legislation or Instrument
   (1)	Dutiable Commodities (Exempted Quantities) (Amendment) Notice 2010 (L.N. 35/2010).

   
   Public Officer to attend : Secretary for Food and Health
   
   
2. The 4 June incident
   
   Hon Albert HO to move the following motion: (Translation)
   
   That this Council urges that: the 4 June incident be not forgotten and the 1989 pro-democracy movement be vindicated.
   
   
3. Increasing the powers and responsibilities of District Councils in district planning
   
   Prof Hon Patrick LAU to move the following motion: (Translation)
   
   That, as the current role of District Councils is mainly advisory in nature, and their substantive powers and responsibilities regarding district planning have yet to be clearly defined, the actual circumstances and wishes of residents of the respective districts cannot be relayed promptly to the Administration in a 'bottom-up' manner during the planning process, and due to the segregation of policy departments and disparity between their priorities, resources cannot be put to the best use, and hence the district planning undertaken by the Government often does not have support from the local community; in this connection, this Council urges the Government to increase the powers and responsibilities of District Councils in district planning, including:
   
   

   (a)	to enhance the participation of District Councils in landscaping, greening and environmental improvement projects and their management, and organize community building forums and open design competitions to forge consensus on district planning;
   (b)	to divide Hong Kong into several major communities, in respect of which District Councils and the Planning Department should collaborate and co-ordinate with the relevant policy departments to jointly formulate and review regularly 'community-based' district planning programmes and practicable improvement plans, according to the actual needs and wishes of individual districts, as well as for the benefit of the community as a whole;
   (c)	to allocate more resources for District Councils to engage professionals to conduct various thematic planning studies and urban design in respect of the respective districts, and submit the reports to the Planning Department for consideration; and
   (d)	to confer powers and responsibilities on District Councils to participate in the planning of the major community works and ancillary facilities required by the respective districts, including public housing, community halls, cultural and recreational facilities, open spaces, refuse recovery yards, incinerators, columbarium niches, etc., so as to develop an integrated and comprehensive community,
   thereby combining the strengths of the Government, representative councils and the public to implement district planning and development, and to jointly enhance the living environment of various districts, so as to develop Hong Kong into a quality city.
   Amendments to the motion
   (i)	Hon Frederick FUNG to move the following amendment: (Translation) To add "with the continuously rising aspirations of the public for quality city life, and" after "That,"; to add "coupled with the fact that the existing appointed members of District Councils fundamentally lack recognition," after "defined,"; to add "the tilted planning and land policies, as well as" after "due to"; to add "reform the existing planning and land policies based on the concept of sustainable development and the primary principle of public engagement and, at the same time," after "urges the Government to"; to add "(a) to completely abolish District Council appointment system, so that District Councils can comprehensively and truly represent the wishes of the residents of the respective districts;" after "district planning, including:"; to delete the original "(a)" and substitute with "(b)"; to delete the original "(b)" and substitute with "(c)"; to add ", as well as through the process of public engagement," after "the relevant policy departments"; to add "balanced" after "as well as for the"; to add "individual districts and" after "benefit of"; to delete the original "(c)" and substitute with "(d)"; to add "and civic society organizations" after "engage professionals"; and to delete the original "(d)" and substitute with "(e)".
   (ii)	Hon WONG Kwok-hing to move the following amendment: (Translation) To delete "as the current" after "That," and substitute with "after the abolition of the two former Municipal Councils in 1999, the Government undertook to devolve part of their powers and responsibilities, yet the expansion of the powers and responsibilities of District Councils has not been fully accomplished to date, and the"; to add "still" after "District Councils is"; to add "to start from the foundation of society and adopt a community-based approach" after "(a)"; to add ", public health," after "greening"; to add "enable extensive public engagement and" after "competitions to"; to add "the Legislative Council," after "which"; to delete "; and" after "consideration" and substitute with ", so as to improve the design work of government departments during the initial planning stage;"; to add "and community centres, public markets, libraries" after "community halls"; to delete "refuse recovery yards" after "open spaces," and substitute with "conservation and revitalization of relics and monuments, public health facilities, public toilets and bathhouses, refuse collection points, waste separation and recycling facilities, sewage treatment works"; and to add "; (e) to give play to the participatory and supervisory functions of District Councils, and prompt the relevant government departments to submit timetables for early completion of various outstanding public projects of the two former Municipal Councils; and (f) to further enhance the communication and co-operation among the Legislative Council, government departments and various District Councils so that they can collaborate comprehensively to achieve synergy, thereby optimizing the effective use of public resources, minimizing duplication and internal discord to the fullest extent possible, and improving the standard of services delivered to the people of Hong Kong" after "comprehensive community".
   (iii)	Hon Miriam LAU to move the following amendment: (Translation) To delete "as the current" after "That," and substitute with "since the implementation of the system of representative government, the"; to delete "is mainly" after "role of District Councils" and substitute with "has mainly been"; to add "as a result, the views of District Councils on the planning of the respective districts have often been overlooked, and" after "defined,"; to delete "during the planning process" after "manner" and substitute with "in most cases"; to delete "and" after "consideration;"; to add "and fully consult District Councils on the planning of other facilities that affect the residents of the respective districts, such as landfills," after "columbarium niches, etc.,"; and to add "; and (e) to actively support various districts in developing community economy according to their respective local characteristics, such as undertaking appropriate planning for the districts' tourism resources to develop community tourism, and studying the establishment of unique and attractive culinary zones or open-air bazaars, so as to boost employment in the local communities" after "comprehensive community". Amendment to Hon Miriam LAU's amendment Dr Hon Priscilla LEUNG to move the following amendment: (Translation) To delete "fully consult District Councils" before "on the planning of" and substitute with "give priority to consulting District Councils and respect their views"; to delete "other facilities" before "that affect" and substitute with "issues"; and to add "redevelopment of old districts, building safety, harbourfront sites, environmental protection and" after "districts, such as".
   (iv)	Hon IP Kwok-him to move the following amendment: (Translation) To delete "as" after "That," and substitute with "although"; to delete "and" after "in nature,"; to add "and correspondingly enhance the support for District Councils and their members," after "in district planning,"; to delete "and" after "consideration;"; to add "; (e) to enhance the manpower support and resources for the secretariats of District Councils; and (f) to provide District Council members with end-of-service gratuity and medical benefits, and abolish the arrangement whereby District Council members' Miscellaneous Expenses Allowance is taxable" after "comprehensive community"; and to add "enhancing the standard of performance of District Councils in discharging their powers and responsibilities, and" after "thereby".
   (v)	Hon Ronny TONG to move the following amendment: (Translation) To delete "role of District Councils is" after "the current" and substitute with "constituencies of District Councils are too small, District Council members have often overlooked the overall development needs of the society when striving for the benefits of the local communities; besides, the role of District Council members is also"; and to add "thoroughly consider expanding the constituencies of District Councils, allocate more resources and" after "urges the Government to".
   (vi)	Hon James TO to move the following amendment: (Translation) To delete "the current" after "That, as" and substitute with "currently not all seats of District Councils are returned by general elections, and the"; to add "implement full democratization of District Councils, and" after "urges the Government to"; to add "(a) to completely abolish the appointed and ex-officio seats in District Councils, so that all seats of District Councils will be returned by direct elections, and District Councils can comprehensively and truly represent the wishes of residents of the respective districts;" after "district planning, including:"; to delete the original "(a)" and substitute with "(b)"; to delete the original "(b)" and substitute with "(c)"; to delete the original "(c)" and substitute with "(d)"; to delete "and" after "consideration;"; to delete the original "(d)" and substitute with "(e)"; to delete "major" after "planning of the" and substitute with "regional"; to delete "public housing," after "the respective districts, including"; to delete "refuse recovery yards, incinerators, columbarium niches," after "open spaces,"; and to add "; and (f) the Government must consult District Councils on the planning of territory-wide essential facilities, including public housing, refuse recovery yards, incinerators, columbarium niches, etc., so as to enable District Councils to give views to the Government on such areas, and the Government must provide District Councils with the necessary information and responses, so that the Government can take into account the views of District Councils when undertaking territory-wide planning" after "comprehensive community".
   (vii)	Hon Paul TSE to move the following amendment: (Translation) To delete "and" after "consideration;"; and to add "; and (e) through exploring, conserving and enhancing tourism resources with historical, local or cultural characteristics and developing additional tourism infrastructure to enhance the role of District Councils in planning and promoting the development of community tourism" after "comprehensive community".

   Public Officers to attend

   :

   Secretary for Home Affairs Secretary for Development

Clerk to the Legislative Council